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DDB BLOG now available, click
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CASES OF NOTE: McKinnie v.
Barnhart, 368 F.3d 907 (7th Cir. 2004),
Young v. Barnhart, 362 F.3d 995, 1003 (7th Cir.
2004) and Diaz v.
Prudential, No.
04-2342 (7th Cir. September 20, 2005).
Click here for discussion and links to decisions.
U.S. SUPREME COURT REVIEW
Daley, DeBofsky & Bryant most recently sought Supreme Court review of
the decision in
Jewell v. Life Insurance Company of North America,
but cert was denied on
June 2, 2008. For discussion of previous attempts
to seek Supreme Court review by DDB,
click here.
Item of Interest: Milliman, Inc.'s
Impact of Disability Insurance Policy Mandates Proposed
by the California Department of Insurance dated
11/14/2005.
ARTICLES & RECENT COURT DECISIONS:
The following article by
Mark DeBofsky appeared in the Chicago Daily Law
Bulletin's Workplace Issues section on
August 18, 2008:
Judge sees importance of discovery ruling.
Click on the
link to read the article. posted 8/19/2008
Wilson v. Astrue, No. 08-cv-10286
(E.D. Mich. Aug. 18, 2008).
The government declined to brief the case, but
instead agreed to a voluntary remand. This occurred
after the case had been briefed for district court by
Daley, DeBofsky and Bryant. Mr. Wilson was represented
by Frederick J. Daley, Jr. with assistance from
Marcie E. Goldbloom and Kate Hoppe. posted 8/19/2008
Hart
v. Astrue, No. 08-C-0007 (W.D.
Wisc. Aug. 11,
2008). The Court
issued a remand in this case because the ALJ made a
conclusory credibility finding that fails to follow SSR
96-7p and properly consider all of the evidence, and
took an overly simplistic view of the treating opinions,
failing to properly consider their statements. The
Court complained that ALJ Schneider's decisions
continually fail to be well-reasoned. Ms.
Hart was
represented by Frederick J. Daley, Jr. with
assistance from Suzanne Blaz.
posted 8/13/2008
The following article by
Mark DeBofsky appeared in the Chicago Daily Law
Bulletin's Workplace Issues section on
August 4, 2008:
Ruling underscores value of treating doctor's opinion.
Click on the
link to read the article. posted 8/4/2008
Smith v. Astrue, No. 07-C-588 (N.D.
Ind.
July 29,
2008). The Court
issued a remand in this case because the ALJ failed to
properly specify the reasons for his credibility
determination, failed to consider all of the relevant
evidence and did not trace a path from the evidence to
his conclusions resulting in an erroneous RFC and
hypotheticals, thus, resulting in erroneous VE testimony. Mr.
Smith was
represented by Frederick J. Daley, Jr. with
assistance from Kim Jones.
posted 7/31/2008
The following article by
Mark DeBofsky appeared in the Chicago Daily Law
Bulletin's Workplace Issues section on
July 21, 2008:
Bankruptcy Omission Led to Estoppel.
Click on the
link to read the article. posted 7/23/2008
Adams v. Astrue, No. 07-cv-2201
(C.D. IL July 17, 2008).
The government declined to brief the case, but
instead agreed to a voluntary remand. This occurred
after the case had been briefed for district court by
Daley, DeBofsky and Bryant. Mr. Adams was represented
by Frederick J. Daley, Jr. with assistance from
law clerk Suzanne Blaz. posted 7/23/2008
Gardner v. Astrue, No. 07-C-5083 (N.D.
Ill.
July 15,
2008). The Court
issued a remand in this case because the ALJ's
hypotheticals to the VE were flawed. Mr. Gardner was
represented by Frederick J. Daley, Jr. with
assistance from Kate Hoppe and Suzanne Blaz.
posted 7/16/2008
The following article by
Mark DeBofsky appeared in the Chicago Daily Law
Bulletin's Workplace Issues section on
June 23, 2008:
Ruling means end for lenient regime of reviews.
Click on the
link to read the article. posted 6/24/2008
Raflik v. Astrue, No. 07-C-854 (E.D.Wisc.
June 17,
2008). The Court
issued a remand in this case because the ALJ failed to
inquire as to whether the VE's testimony conflicted with
the DOT. Ms. Raflik was
represented by Frederick J. Daley, Jr. with
assistance from Suzanne Blaz.
posted 6/24/2008
PRESENTATIONS:
On September 25, 2008, from 2 to 5 p.m., Mark
DeBofsky will be speaking on a panel about Supreme
Court ERISA Litigaiton Issues. The panel is
presented by The John Marshall Law School Center for Tax
Law and Employee Benefits and will be held at the John
Marshall Law School in Room 200.
Mark DeBofsky will be speaking at the 39th Annual
Meeting of the American Academy of Psychiatry and the
Law at a workshop called "Detection of Malingering
Disability Evaluations" on October 25, 2008, at 2:15
p.m. The meeting is being held at the Westin in
Seattle, Washington from October 23 -26, 2008. For
more information,
click here.
Mark DeBofsky will be speaking at the ABA ERISA
Litigation conference to be held November 6-7, 2008, in
Chicago, Illinois. He will be presenting the
Plaintiff's side in a seminar called, "Special Topics in
Welfare Litigation" on Friday at 9:30 a.m. For more information,
click here.
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